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HomeMy WebLinkAbout99-05096 ?N `H O a e Q l c 0- ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. DAVID M. CHERRY and DANA L. CHERRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or,propelQy of other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249 3166 or 1 800 990 9108 ALLENVIEW HOMEOWNERS : IN THE COURT OF COMMON PLEAS ASSOCIATION, INC., A CUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff : NO. V. DAVID M. CHERRY and DANA L. CHERRY, Defendants CIVIL ACTION -LAW NOTICIA Le han demandado a usted a la torte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tien veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se ha avisado que si usted no se defienda, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition de demanda. USTED PUEDE PERDER DINERO 0 PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 It, ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. DAVID M. CHERRY and DANA L. CHERRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 q- -6 0 9c d,?! 7_z4,,- CIVIL ACTION - LAW COMPLAINT AND NOW, comes the above named Plaintiff, ALLENVIEW HOMEOWNERS ASSOCIATION, INC., by its attorneys, Saidis, Shuff & Masland, and state the following cause of action: I. The Plaintiff, Allenview Homeowners Association, Inc., ("Plaintiff ') is a non-profit corporation organized under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 3512 Trindle Road, Camp Hill, PA 17011. 2. The Defendants, David M. Cherry and Dana L. Cherry ("Defendants") are adult individuals who reside at 606 Allenview Drive, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. 3. The Defendants are the owners of a townhouse situate at and known as 606 Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania (the "Property") which is part of the Allenview Development and under and subject to the Declaration of Covenants and Restrictions dated December 6, 1984 ("Covenants and Restrictions"), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 3 4. The Defendants, as the owners of the Property, are members of the Allenview Homeowner's Association (the "Association") and are governed by the By-Laws of the Association (the "By-Laws"), a copy of the relevant portions of which is attached hereto as Exhibit "B" and incorporated herein by reference. 5. Article V of the Covenants and Restrictions and Article III of the By-Laws, provide that the owner shall pay annual and special assessments to the Association, which assessments are to be paid in advance on a quarterly basis. 6. Each annual assessment, payable to the Plaintiff, is determined as set forth in Article V, Section 3 of the Covenants and Restrictions and as set forth in Article III, Section 2 of the By- Laws through the Association's Board of Directors with written notice of the assessment to be sent to every owner subject thereto pursuant to Article V, Section 8 of the Covenants and Restrictions. 7. Defendants are in default of their obligations to pay the first and second quarterly installment of the annual assessment due December 31, 1998 and March 31, 1999 and the Association has exercised its right under 68 P.S. 5315(a) to accelerate and demand payment of the entire annual assessment due for 1999. A copy of the Association's demand is attached hereto as Exhibit "C" and made part hereof. 8. The Defendants were notified that the following quarterly installments of the annual assessments were due and payable to Plaintiff in advance. a. Balance of assessment outstanding for 1998 in the amount of $167.00. b. Assessment for first, second, third and fourth quarter of 1999 due on December 31, 1998, March 31, 1999, June 30, 1999, September 30, 1999 respectively, in the amount of One Hundred Ninety-Five and 00/100 Dollars ($195.00) each. 4 9. Defendant purchased the Property under and subject to the Covenants and Restrictions and the By-Laws and became personally liable therefor. 10. Despite demands by the Plaintiff, the Defendants have failed and refused to make payment to the Allenview Homeowners Association of the balance of the assessments due for 1998 and of the installments for four (4) quarters of 1999. I1. Article V, Section 9, of the Covenants and Restrictions provides that the Association has the right to collect all delinquent assessments together with such interest thereon and the cost of collection thereof, and if the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of the delinquency. Article 111, Section 9, of the By-Laws specifies that the rate of interest charged shall be six percent (6%) per annum and shall be collectable by Plaintiff together with reasonable legal fees and costs of suit. 12. The Defendants have damaged the Association by their failure to make payment of the assessments in accordance with the Covenants and Restrictions and the By-Laws. 13. As of the date hereof, Plaintiff has incurred reasonable legal fees in connection with the preparation and filing of this Complaint in the amount of NINE HUNDRED TWELVE AND 501100 DOLLARS ($912.50). 14. Defendant is liable to the Plaintiff for the following: a. Balance of dues to the Association for December, 1998: b. First quarter of 1999: C. Second quarter of 1999: d. Third quarter of 1999: $ 167.00 $ 195.00 $ 195.00 $ 195.00 5 e. Fourth quarter of 1999: $ 195.00 f. Interest to May 26, 1999: $ 15.84 9. Legal fees TOTAL DUE 912.50 $1,875,34 WHEREFORE, Plaintiff demands judgment against the Defendants, David M. Cherry and Dana L. Cherry, in the amount of One Thousand Eight Hundred Seventy-Five and 34/100 Dollars ($1,875.34) together with additional interest, attorneys' fees, expenses and costs of suit. SAIDIS, SHUFF & MASLAND Date: ?? rS r9 Y Byy / Kar. . Le ebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiff, ALLENVIEW HOMEOWNERS ASSOCIATION, INC. ?177'73407 SRIDIS SHUFF MRSLRND 104 P09 AUG 04 '99 16:39 r AEW HOMEOWNERS ASSOCIASSOCIA : IN THE COURT OF COMMON PLEAS ASSOCIATION, INC., A : CUMBERLAND COUNTY, PENNSYLVANUI PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff NO. v. ; DAVID M. CHERRY and DANA L, CHERRY, Defendants ; CIVIL ACTION -LAW VERIFICATION 1, Betty Fitzpatrick, Property Manager, being authorized to do so on behalf of Ailenview Homeowners Association, Inc., hereby verify that the statements made in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject' to the penalties of 18 Pa. C,S. Section 4904, relating to unworn falsification to authorities. ALLENVIEWHOMEOWNERS ASSOCIATION, ENC. Date: `il to (a/ By:jB ? lll( 1 y Fi perty M er e M DECLARATION OP COVENANTS AND RESTRICTIONS THIS DECLARATION, made this r0 day of _ 02:M by Allenvlew, Inc., successor to Breneman and Calabrese, hereinafter called Developer of Allenvlew Planned Residential Development, hereinafter called Allenvlew, located In Upper Allen Township, Cumberland County, Pennsylvania. WITNESSETH: r WHEREAS, Developer to the owner of the real property described In Article II of this Declaration and desires to create thereon a residential community with permanent parka, playgrounds, open spaces, and other common facilities for the benefit of the said community; and WHEREAS? Developer desires to provide for the preelrvation of the values and amenities In said community and for the maintenance of said parks, playgrounds, open spaces and other common facilities; and, to this and, de- sires to ¦ubJect the real property described in Article 11, together with such additions as maylereafter be made thereto (as provided in Article II), to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Developer has deemed It desirable, for the efficient preser- vation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the cove- nants and restrictions and collecting and disbursing the aasessments and charges hereinafter cleated; and WHEREAS, Developer has Incorporated under the laws of the Commonwealth of Pennsylvania, as a non-profit corporation, THE ALLENVIEW 11012 OWNERS ASSOCIA- TION, for the purpose of exercising the functions aforeasid; I... V m Q a ° mmo 1 - apron! V z m 1 oao .. 1 Oyu A BOOK 301 FdCE j?1p m EXHIBIT "All S i:k ,G $a i. tit.'., Shc ?I .............. ` .. ... ... ....... i NOW, THEREFORE, the Developer declare that the real property described In Article II, and such additions thereto of way hereafter be made pursuant to Article 11 hereof, is and shall be held, transferred, 8014, con- veyed and occupied subject to the covenants, restrictions, movements. Charles and liens (sometimes referred to 88 "covenants and restrictions") hereinafter Bit forth. It ARTICLE I DEFINITIONS ? I 'Section 1. The following words, when used in this Declaration or Say Supplemental Declaration (unless the context shall prohibit), shall hove the following meanings; 's I (a) "Association" shall mean and refer to the Allenview Rome- owners Association. (b) "The Properties" shall mean and refer to all such existing prdperties, and additionu thereto, a are subject to this Declaration or any Supplemental Declaration under the provisions of Article II hereof. (c) "Common Properties" shall mean and refer to only those areas of land shown on any recorded subdivision plat of The Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties, and may include the land and improvements for streets, easements, parks, playgrounds, swimming pools, pedestrian- ' ways, and any buildings, structures or appurtenances incident thereto, subject to the reservations contained in Article I%, Section 4 hereof. (d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties me heretofore defined. (e) "Living Unit" shall mean and refer to any portion of a e building situated upon The Properties designed and intended for use and occupancy se a residence by a single family. - 2 - i>t 2611 bou 301 WE .r (f) "Completed Living Unit" ahall moan and refer to any portion of a building situated upon The Fropertlts designed and Intended for use and occupancy as a residence by a single family for which an occupancy permit ham been received from the appeo- prlete township official. (B) "Single Family Detached Dwelling" shall mean • building uyed by one family, having only ode living unit and two side yards. (h) "Single Family Seml-Detached Dwelling" shall mean a build- ing used by one family, having one living unit and one side yard and one party wall in common with another building. (t) "Single Family Attached Dwelling (Bow)" shall mean a building used by one family and having one living unit and two party walla in common with other buildings (such ji townhouses). ()) "Multi-Family Dwelling" shell mean a building used by throe or more families living Independently of each other and doing their own coobing, Including apartment houses, or townhouses. (. "Owner" shell mean and refer to the record owner, whether one or more persona or entitles, of the fee simple title to any lot or Living Unit situated upon The properties, but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. (1) "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1, hereof. (m) "Developer" shall mean and refer to Allenview, Inc., successor to Breneman and Calabrese, and to such other parson or legal entity to whom Allenvtew, Inc., successor to Breneman and Calabrese, expressly aesign the rights of the Developer herein in writing. V •3- BOOK 301 FACE 292 I n ? ARTICLE CLE It PROPERTY SUBJECT To nlls DecuRATIp?, ADDITIONS THERETO Section 1. Exlating Property, The real property which is, and shall be held, transferred, sold, conveyed, and occupied subject to this Dsclaratioo is located in Allonviev, and 1s more 44rtlcularly described at Btga III, Section C, Townhouse Plots Nos. 7A, 7B, 7C, 7D, 7g, 7F, 70, 7HI 8A, 88, 8C, 8D, B8, BFI 9A, 99. 9C, 9D, 9E, 9F, 9O; 10A, 105, IOC, IOD, JOE, joy, 1006 IOU, all of which real property shall hereinafter be referred to as "existing Property." Section 2. Restrictions for Usa end Devalo moot. The Plate for State III, Section C, shall be subject to the following outlines an 'tionat I ' I I I I (a) Land Use and Building Types , • The lend shell be used and buildings of the following type and no other shall be designed, erected, maintained and occupied on said lots;, "Single Family Attached Dwelling .0Row) It. (b) Building I.ocatfon and Landscaped Yards. No building or any part thereof shall be erected or maintained closer than twenty- five (25) feet to any street and, in the case of Nt. Allan Drive, Hertseler Road, and all exterior boundaries of Allenview, a building setback of not less than fifty (50) feet shall be maintained. Not- withstanding the above an unoccupied open space shall be designed, landscaped and maintained In the front, aide and rear yards of each Lot, the depth of which shall be not lean than shown on the recorded Final Subdivision and Land Development Plan. (c) Outdoor Storage as Firewood, bicycles, lawn mowers, garden tools, furniture and all other such articles shall be stored in areas appropriately located on the Lot to the rear of the dwelling and garage, end Bet back from all Lot lines as mentioned above and screened from all streets, aide and rear Lot lines, with a scructurr, shrubs or hedge, In a location and manner approved by the Architectural Control Committee, (d) Completion, All dwellings and garages shall be completely finished on the exterior and all grading and seeding shall be done BOOR 301 IACt 293' , Within one (l) year of the start of construction or ground breaking. Any excess earth or ground from any construction shall be the prop- erty of the Developer and shall be removed by the Lot owner at his expense to a place designated in the development and datermined by the Developer. (a) Fences. Hedges and Shrubs, Fences, hedges and shrubs shall not be erected, planted or maintained in the above required yard spaces or along the Lot lines of any Lot unless approved by the Architectural Control Committee, (f) Sight All trees, shrubs and structures shall be located and maintained so that the sight distance from vehicles is not obstructed at all street and driveway intersections, (B)t ParkinSpaces. Not less than two (2) improved parking spaces (10' x 201) shall be located on the some Lot as each Living Unit. (h) Basements. All Lota and Lot Owners are subject to all cove- nants, rettrictione, rights-of-way and easements of record, a well as subject to all present or future zoning ordinances or building regula- tions of the Township of Upper Allen, Cumberland County, Pennsylvania. (1) Nuisances. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance, nuisance, or of aesthetic damage to the neighborhood, nor upon any street in Allenview. (j) Temporaryporary _ Structures. No temporary dwellings shall be erected or malntolned on any Lot. Garages, baseynts or any temporary structure shall not be used for human habitation. No prefabricated construction or otherwise, or any concrete slab foundation shall be permitted unless specifically approved in writing prior thereto by the Developer. No trailers, motor homes, tents, shocks, barns or boats, or any type of outbuilding, unless previously approved In writing by the Developer, shall be erected on any Lot, nor parked on s street 1A Allenview. - 5 - BOOK 301 FACE 2-94 .i I II 4 ' (k) Signs. No sign of any kind shall be displayed to public view on any Lot except no alga of not more than five (5) square feat advertising the property for sale or rent, or signs used by a builder to advertise the property during construction and/or the original sets period. (1) Livestock and Poultr . Animals, livestock or poultry, ex• eepting household pets, shall riot be raised, bred or kept on any Lot. Household pets may be kept, provided they are not kept, bred or main- tained for any commercial purposes. Notwithstanding the above, the non-commercial keeping of horses or ponies for the recreation use by the Owner of a Lot will be permitted on Lots of five (5) acres or more, as provided in Section 2(s) hereof. An accessory structure shall be permitted on a Lot only when approved by the AIrchitactural Control Committee. (m) Garbage and Refuse Disposal. The Owners of all Lots shall, at their expense, connect to the public sewer and water systemi. No Loo shall be used or maintained as a dumping grour;d for rubbish. All trash, garbage or other waste shall be kept in sanitary containers and placed in specified locations for collection. The burning of trash, debris and leaves shall not be permitted on a Lot. (n) Delay of Dwelling Conatr rion. Should the Owner of any Lot not construct a home within one (1) year of the purchase of said Lot, then the Lot Owner must seed and maintain the Lot to as not to detract from the overall development. (o) Architectural Control Conmittee. The Owner of a Lot shall not commence construction of a duelling, g rage, or any other per- mitted structure until the Architectural Control Committee has re- viewed and approved the proposed plan showing the type of structure to be placed on said Lot. The provisions of this section shall not apply to Developer during original construction. (p) Street Lights. Street lights of a uniform design shall be Installed throughout Allenview under the supervision of the Jeveloper and the Architectural Control Committee. 6- BOOK 301 PACE 295 (q) Utility Service Linea, All utility service lines shall be Installed underground where feasible. Section 3. Additions to Existing Pro ert . Additional lands may be- come subject to this Declaration In the following manner; (a) Additions In Accordance with the Tentative Develo asst nd Stare Plan. The Developer, Its succe%ors and assigns, shall have the right to bring within the scheme of this Declaration additional properties In future stages of the development, so generally outlined on the Tentative Development and Staging Plan dated February 25, 1980, and filed of record In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 251, at Page 737. Said Tentative Development and Staging Plan outlines the proposed additioria to the Existing Property and contains; (1) a general Indication of sire and location of the additional stages for development of the following uses and bulging types: STAGE III - Single Family Detached Dwellings I Single Family Semi-Detached Dwellings (Duplexes) Single Family Attached Dwellings (Townhouses) Apartments 0-story Garden Type); (2) the approximate site and location of common properties reserved for dedication with each stage; (3) the general nature of proposed common facilities and Improvements, Including the provision of improved yard spaces and not leas than two (2) Improved parking•spaces required to serve all Living Units, including the Apartment and Townhouse properties; 1. (4) a statement that the proposed additions, if made, will become subject to assessment for their Just share of Associstlon , expenses; and (5) a schedule for termination of the Developer's right under the provision of this sub-section to bring addltioaal de- . velopment stages within the scheme. -7- BJA 301 FALE P,% ..1 s 1 Unless otherwise stated therein, maid Tentative Developmeat SPA Staging Plan shall not bind the Developer, lta,auccesaora and •ulgaN, to make the proposed additions or to adhere to the Plan la say subse- quent development of the land shown thereon and the Tentative Develop- went and Staging plan contains a conspicuous statement to this effect. The additions authorized under this and the Succeeding sub-sec- tlon shall be made by filing of'lecord a final Subdivision and Land Development Plan for each Stage and a Supplementary Declaration of Covenants and Restrictions with respect to the additional property. The location and arrangement of buildings, streets, yards and open space and the Nice and bulk of buildings as indicated on the Ten- tative Development and Staging Plan may be amended, revised, altered or changed subject to the approval of Upper Allen Township provided, however, that the use of the land shall be limited to one or more of the within described residential building types. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained In this Declaration as may be necessary to reflect the different char- acter, if any, of the added properties and me are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supple- mentary Declaration revoke, modify or add to the covenants established by this Declaration within the Existing property. (b) Other Additions. Additions other than those authorized by sub-section (a) herein may be made upon approval in writing of the Association pursuant to approval by a two-thirds (2/3) vote of each class of membership, as described In Articlle 111, Section 2. The Owner of any property who desire# to add It to the scheme of this Declaration and to subject It to the jurisdiction of the Association, may file or record a Supplementary Declaration of Covenants and Re- strictions, as described in subsection (a) hereof. (c) Mergers. Upon ¦ merger or consolidation of the Association with another association as provided In Its Articles of Inc, eporatloa, ire properties, rights and obligations may, by operation of law, be - B - 8004 301 FACE >g transferred to another surviving or consolidated association or, al- ternatively, the properties, rights and obligations of another asso- elation may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property, together with the covenants and restrictions it established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addi- tion to the covenants established by this Declaration within the Exist- ing Property except as hereinafter provided. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Membership. Every person or entity who is -a record Owner of a fee or undivided fee in any Lot which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such Interest merely as a security for the performance of an obligation shall not be a member. Section 2. Voting Rights. The Association shall have two classes of voting membership: Class A. Class A members shall be all those Owners as defined in Section 1 with the exception of the Developer. Clare A members shall be entitled to one vote for each Lot (or Living Unit) in which they hold the interests required for membership by Section 1. When more than one person holds such interest or Interests In any Lot (or Living Unit), all such persons shell be members, and the vote for such Lot (or Living Unit) shell be exercised as they among themselves determine, but in no event shall more than one vote be cast with re- spect to any such Lot (or Living Unit). Close B. Class B members shall be the Developer. The Class B member shall be entitled to three votes for each Lot in which it holds the Interest required for membership by Section 1 (and for every Living Unit in any Multi-ramily Structure owned by it until such Unit is first sold), provided that the Class B membership shall cease and become converted to Class A Membership on the happening of any of the following events, whichever occurs earlier. 9- BEAK 301 ma 298 4 1 (a) when the total votes outstanding in the Class A membership equal the total 'lots outstanding in the class B membership; or (b) seven (7) years from the date hereof. From and after the happening of these events, whichever occurs earlier, the class B member shall be deemed to be a Class A member entitled to one vote for each Lot (or Living Unit) in which it holds the Interests required for membership under Section 1. ,I (For purposes of determining the votes allowed under this Sec- tion, when Living Units ere counted, the Lot or Lots upon which such Cloning Unite are situated shell not be counted.) Township. (b) The title to common open apace for parka, recreation and other common facilities with Improvements In place shall be trans- ferred to the Association under the condition that the Association shall have or hire adequate staff to administer common facilities and maintain the common open apace. (c) Easements for water, electric, telephone, television, and other utility services, shall be provided to the respective operating companies. ARTICLE IV PROPERTY RIGHTS IN THE CO 10H PROPERTIES Section 1. Members' Easements of En o mane. Subject to the provisions Of Section 3) every Member shall have s right and casement of enjoyment in and to the Common Properties and such casement shall be appurtenant to end shall pass with the title or lease to every Lot (or Living Unit). Section 2. Title to Common Properties. "( ?'---- Notwithstanding an Y provision herein, the Developer hereby covenants, for itself, its heirs and assigns, that It shall convey as Common Properties the following; (a) Rights-of-way and easements for streets, sanitary sewers and storm drainageways with completed Improvements in place shall be constructed in accordance with the applicable provisions of Upper Allen Township, and shall be offered for dedication to Upper Allen - 10 - 8009 301 FAGS >!1J Section 3, Extent to Members' Eaemento. The rights and s nementa of enjoyment created hereby shall be subject to the follovinF; (a) The right of the Association, in accordance with its Articles of Incorporation and By-Laws, to borrow money for the purpose of im- proving the Common Properties and in aid thereof to mortgage said prop- ortles. In the event of a default upon any such mortgage, the lender's rights hereunder shall be limited tote right, after taking possession of such properties, to charge admission, and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied, whereupon the possession of such properties shall be re- turned to the Association and all rights of the Members hereunder shall be fully restored; and 01 The right of the Association to take atepa as are reason- ably necessary to protect the above-described properties against fore- closure; and (c) The right of the Association, as provided in its Articles and By-Laws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and (d) The right of the Association to charge reasonable admission and other fees for the use of the Common Properties; and (e) The right of individual Members to the exclusive use of parking spaces as provided in Section 4 hereof; and (f) The right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an Instrument signed by Members entitled to cast two-thirds (2/3) of the votes of each class of membership has beer, - 11 - 833-1 30 1 ME ;iUO ! I I I recorded, agreeing to much dedication, transfer, purpose or eoudltloo, and unless written notice of tM proposed agreement mad action thato- under is sent to every Member at least ninety (90) days in advance of any action to be taken. It to understood and agreed that no such public agency or authority is obligated to accept any such dedication or trans. far; and (g) In the event that the Association shall, at any time, fall to maintain the common properties under Its Jurisdiction in reasonable order and condition in accordance with the development plan, Upper Allen Township may serve written notice on the Association or the owners setting forth the manner in which the Association hag failed to main. tain the common open space in reasonable condition; and said notice shall Include a demand that such deficiencies 'Of maintenance be cured within thirty (30) days thereof and shall state the date and place of a hearing thereon which shall be held within fourteen (14) days of the notice. At such bearing, the Township may modify the terms of the .1 original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the Township, in order to preserve the taxablo values of the properties within Alison view and prevent the coauaon open apace from becoming a public nuisance, may enter upon amid common open space and maintain the rime for a per- Lod of one year. Sold entry and maintenance shall not vest in the public any rights to use the common open spate except when the same to voluntarily dedicated to the public by the residents and Owners. Before the expiration of amid year, the Township shall, upon Its Initiative or upon the request of the Association call a public hear- ing upon notice to the Association and Owners to be held by the Town- ship, at which hearing such Association and Owners shall show cause why much maintenance by the Township shall not, at the electi•o of the Township, continue for a succeeding year. If the Township shall - 12 - I'll 30 ( PAGE ;l() j determine that the Association Is ready and able to maintain said common open apace in a reasonable condition, the Township shall c*ass to maintain said common open apace at the end of sold year. It the Township shall determine the Association is not ready and able to maintain said common open apace in a reasonable condition, the Town- ship may, ¦t its discretion, continue to maintain said common open apace during the next succeeding yeertand, subject to a similar bear- ing and determination, In each year thereafter. The decision of the Township in any such case shall constitute a final administrative do- clsiwn subject to judicial review. The coat of such maintenance by the Township shall be assessed ratably against the properties within Allenvlew that have a right of enjoyment of the common open apace and shall become a tax lien on sold properties. Said assessments or charges shall be subordinate in lien to the lien of any mortgage or mortgages on the property which is sub- ject to such assessments or charges regardless of when sold mortgage or mortgagee were created or when such assessments or charges accrued, provided such subordination shall apply only to assessments or charges that have become payable prior to the passing of title under foreclosure ` of such mortgage or mortgagee and the transferee shall not be liable for payment of any assessments or charges accruing prior to sold fore- closure; but nothing herein shall be held to affect the rights herein given to enforce the collection of such assessments or charges accru- ing after sale under foreclosure of such mortgage or mortgagee; and provided, further, that such chscges accruing after sale shall also be subordinate in lien to the lien of any further 'mortgage or mortgages which are placed on property subject to such easessmenta or charges, with the intent that no such charges shall at any time be prior In lien of any mortgage or mortgagee whatsoever on such property. The Township, at the time of entering on said common open apace for the purpose of maintenance, shall file a notice of much lien In the office of the Prothonotary of the County on the properties affected by such lien within the planned residential development. - 17 - 811" ; L TALE m;_1 II. Section 4. Parkine Right. -?? The Association ,hall ealnteio upon the Common Properties at lust two (2) Parking spaces for each Living Unit in arose developed with Townhouses and Apartments. Subject to reasonable rules and con• ditions, the Association shalt designate at least two (2) parking spaces conven- iently touted with respect to each Living Unit for the exclusive use of the Members residing therein, their families and guests. The use of such space by any other member or 't person may be enjoined by the Association or the Members entitled thereto. The right to the exclusive use of such parking space and to its maintenance and designation by the Association shall be appurtenant to and shall pass with the title to each Living Unit. ARTICLE V i COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lten and Personal Obligation of Assessments, The Developer for each Completed Living Unit owned by him within The Properties hereby coven is and oath Owner of any Completed Living Unit by acceptance of a dead therefor, whether or not It shall be so expressed in any such dead or other conveyance, shall be deemed to covenant and agree to pay to the Association; (1) annual assessments or charger, (2) special assessments for capital Improve- wants, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the land and shell be a continuing lien upon the property against which each such samesoment Is made. Each ouch assessment, together with such interest thereon and cost of collection thereof, as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of Assessments. The assessments levied by the s Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents In The Proportion end In particular 14 - BOOK 30 1 we "W3 for the improvement and maintenance of properties, services, and facilities do. voted to this purpose and related to the use and enjoyment of till Common Prop- ertles and of the homes altuated upon The Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement and addl- tions thereto, and for the coat of labor, equipment, materials, managements and i supervisions thereof. ,t Section 3. Basle of Annual Assessments. The Association, through Ito Board of Directors, shell fix the annual assessment per lot based upon the estimated cost of carrying out the responsibilities of tits Association. Thera shall be two types of annual assessment as follows: (a) General assessments applicable to all record owners of lots upon which are constructed single-family or two-family dwellings, townhouses; apartments and condominiums. Said properties shall be assessable for the following purposes only: (1) The lawns and planting as outlined on the Final Sub- divas ion Plane under the title of Common Open Space. (2) The sidewalks and pedestrionways in the public rights- of-way easements and in common open apace is outlined on the Final Subdivision Plane. (3) Outdoor lighting In public rights-of-way and on common properties. (4) Essential improvements each as drives, unitary sewers, water lines, fire hydrants, storm sewers, fences, signs and other facilities essential for the use and maintenance of Common Prop, ertles. 1 (5) Recreation facilities such as swimming pools, tennis courts, playground equipment, picnic facilities and any struc- tures or appurtenances related thereto. (6) Liability and Property Damage Insurance relating to the aforementioned Common Properties. (7) Capital Reserves as deemed necessary for replacement of the aforementioned Common Properties. - 15 - BOOK 30 1 ME JO.1 i i t i .. (8) Trash Collection Service. (9) Management services. (b) Limited useasments applicable only to record owners of living units in Stage 2-B - 54 townhouses, Stage 3-5 - 106 towohousas, Stage 3-A - 52 apartments or condominiums, and Stage 3-C - 36 apart. ments or condominiums. Such limited assessments shall be assessable for the following purposes and shall be on additional assessment over and above that provided under Section 3(a) above: (1) Parking lots and related improvements. (2) Lawns and planting, (3) Exterior of townhouse and apartment buildings. Limited assessments shall not be applied against property owners of single-family or two-family dwellings. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction ?-- or reconstruction, unexpected repair or replacement of a described capital im. provement upon the Coumon Properties, including the necessary fixtures and per- venal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance slid shall set forth the purpose of the meeting. Section 5. Change In Basic and Maximum 01•Annuol Assessments. Subject to the limitations of Section 3 hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of two-thirds (2/3) of the votes of each a class of Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shalt be sent to all Members at lost 16 - BOOR 301 PACE ?(?.5 thirty (30) days in advance and shall met forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an Incident to a merger or consolidation In which the Association is authorized to partici- pate under Its Articles of Incorporation and under Article 11, Section 2, hereof. Section 6. Quorum for Any Action Authorized Under Sections 4 and S. The quorum required for any action authorised by Sectione 4 and 5 hereof shell be as follows; At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the.meeting of Members, or of proxies, entitled to cast sixty (60X) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum Is not forthcoming at any meeting, another meet- ing may be called, subject to the notice requirement set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half of the -required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments: Due pates. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Asso- elation to be the date of commencement. The first annual assessments shall be made for the balance of the calendar year ¦nd shall become due and payable on the day fixed for commence- ment. The assessments for any year, after the first year, shall become due and payable on the first day of March of said year. 1. The amount of the annual assessment which may be levied for the bal- ance remaining in the first year of assessment shall be an amount which beers the some relationship to the annual assessment provided for in Section 3 here- of as the remaining number of months in that year bar to twelve. The some re- duction in the amount of the assessment shall apply to the first assessment levied against any property which to hereafter added to the properties now enb- ject to assessment at a time other than the beginning of any assessment period: . 17 - 8104 30 1 fAcE :;U(i i The due date of any special aeaeaament under Section 4 hereof shall be fixed In the resolution outhoriting such assessment, ! r` Section 8. Duties of the Boa-d of Directors. The Board of Directors ' of the Association shall fix the date of coomtencement and the amount of the assessment against each Completed Living Unit for each assessment period at least thirty (30) days in advance of suchldata or period and shall, at that time, prepare a roster of the properties and asaessmemts applicable thereto which shall be kept 10 the office of the Association and shall be open to fmapec- Lion by any Owner. Written notice of the assessment shall thereupon be sent to every owner subject thereto. The Association shall, upon demand, at any time, furnish to any owner liable for slid assessment a certificate in writing signed by an officer of the Association, getting forth whether said assessment has been paid. Such certifl- tate shall be conclusive evidence of payment of any asseagm'ant thereto stated to have been pall. Section 9. Effect of Non-Pa menr of Assessment: The Person_ a_ l?blfe`a- tion of the Owner' The Lien• Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such Interest thereon and coat of collection thereof, as hereinafter provided, thereupon be- come a continuing lien on the property which shall bled such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, how- ever, shall remain him personal obligation for the statutory period and shall I not pass to his successors In title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the de- linquency date, the assessment shall bear interest from the date of delinquency ! at the rate of seven Q%) percent per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or to fore- , close the lien against the property, and there shall be added to the 1,mount of I - l8 - 60.. ,301 FAC( aO') such sssessment the costa of preparing and filing the complaint in such action, and. In the event a Judgment Is obtained, such Judgment shall Include Interest on the assessment as above provided and a reasonable attorneys fee to be fixed by the court, together with the costs of the action. Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of an or mortgages now or hereafter placed upon the 'any mortgage properties subject to asaasament; Provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of fore- closure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such sub- sequent eesessmen'tt ri Section 11. Exemorty. The following property subject to this Declaration shall be exempted from the assessments, charges and liens created herein: (a) all propertles to the extent of any easement or other interest therein dedicated and accepted by the local public authorl.ty and devoted to pub- lic use; (b) all Common Properties as defined in Article 1, Section 1, hereof; (c) all properties exempted from taxation by the laws of the Commonwealth of Pennsylvania, upon the terms and to the extent of such legal exemption. Notwithe tending any provisions herein, no Completed Living Unit devoted to dwelling use shall be exempt from said assessment, charges or liens. ARTICLE VI PARTY WALLS FOR DUPLEXES APARTMENTS AND TO&10USES Section 1. General Rules of Law to Apply. Each well which to built as part of the original construction of the homes upon The Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not Inconsistent with the provisions of this Article, the general rules of law regarding party walla and of liability for property damage due to nafll- Sent or willful acts or omissions shall apply thereto. - 19 - BOOK 301 FATE '11)6 Section 2. Marine of Repair and N•Intenan • The cost of reasonable t•palr and maintenance of • party wall shell be shared by the Owners who make use of the wall In proportion co such use. Section 7. Destruction b Fire or Other Cuualt . If a party wall is destroyed or damaged by fire or other casualty, sly Owner who has used the well way restore It, and if the other Ownera?thereafter make use of the wall, they shall contribute to the coat of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negli- gent or willful acts or omissions, Section 4. Weetheepproofing. Notwithstanding any other provision of t , this Articlpl an Owner who, by his negligent or willful'sct, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements, . Seatlon 5. Right to Cantrtbution Runs L_nd• The right of any Owner to contribution from any ocher Owner under this Article shall be appur- tenant to the land and shall pass to such Owner's successors In title. Section 6. Arbitration. In the event of any dispute arlslng coocero- Ing a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitra- tor, and the decisions of a majority of all the arbitrators shall be final and conclusive of the question involved. ARTICLE V11 ARCHITECTURAL CONTROL COMMITTEE Section 1. Review by Committee. No building, (Once, wall or other structure shall be commenced, erected or maintained upon The properties, nor I 20 - BOOK ,1p 1 PACE 309 shall any exterior addition to or change or slterstionl therein be made until , the plans and specifications showing the nature, kind, shape] %eight, material, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding struc- tures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said board, ?t or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration or change ham been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with. ,I ARTICLE Vill EXTERIOR MAINTENANCE Section 1. Exterior Maintenance. In addition to maintenance upon the Common Properties, the Association may provide exterior maintenance upon each Completed Living Unit which is subject to assessment under Article V hereof, as follows: paint, repair, replace and care for roofs, gutters, downspouts, exter- ior building surfaces, trees, shrubs, grams, walks, and other exterior Improve- ments. Section 2. Assessment Of Co_et, The cost of such exterior mainten- ance shall be assessed against the Living Unit upon which such maintenance is done and shall be added to and become part of the annual maintenance assessment 1. 1 Alterations for the purpose of this section shall include, Inter slim, the following; The installation, painting and repair of any shutters, awnings, windowboxes, dooratepa, stoops, porches, balconies, patios, and all exterior doors and windows (including storm doors and windows), exterior carpeting, or other fixtures designed to serve a Living Unit but located on the exterior of said unit and shall require the submission to and prior approval of the Archi- tectural Control Committee. 1? 21 - - .... 301 FACE .110 1 Of charge to which such Living Unit is subject under Article V hereof and, as part of such annual assessment or charge, It shall be a lion and obligation of the Owner and shall become due and payable in all respect& as provided is Article V hereof. Provided that the Board of Directors of the Association, when establishing the annual assessment against each Living Unit for any assessment year as required under Article V hereof, miy add thereto the estimated coat of the exterior maintenance for that year but shall, thereafter, make such adjust- ment with the Owner so is necessary to reflect the actual cost thereof. Section 3. Access at Reasonable Hours. For the purpose solely of performing the exterior maintenance authorized by this Article, the Association, through Its duly authorized agents or employees, shall hue the right, after reasonable not cc to the Owner, to enter upon any lot or Exterior of any Living Unit at reasonable hours on any day except Saturday or Sunday. ARTICLE I% GENERAL PROVISIONS r _ Sectioa 1. Duration. The covenants and restrictions of this Declara- tion shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Developer, the Association, or the Owner of any, land subject to this Declaration, their respective legal representatives, hairs, successors, and assigns, for a term of twelve (t2) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of two-thirds (2/3) of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or In part. For purposes of meeting the two- thirds requirement, when Completed Living Unite are counted, the Lot or Lots upon which such Completed Living Units are situated shall not be counted. Pro- vided, however, that no such agreement to change shall be effective unless soda and recorded three (3) years In advance of the effective date of such change, and unless written notice of the proposed agreement to sent to every O'mor at least ninety (90) days in advance of any action taken. - 22 - II BOOK 301 FACE :ill Section 2. Moticea. Any notice required to be sent to any Member or Owner under the provisions of this Declaration -hall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears to Member or Owner on the records of the Association at the time of such ailing. Section 3. Enforcement. Enforcement of these covenants and restrlc- tions shall be by any proceeding at law or In equity against any person or per- tons violating or attempting to violate any covenant or restriction, either to i restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; ¦nd failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ?I Section 4. Reservation. The Developer has eubmttted to the author- ities of Upper Allen Township certain plans for the future development of the real property described In Article II of this Declaration and such additions thereto as may hereafter have to be made pursuant to Article II, sold plans hav- ing been submitted In order to fulfill the requirements of township ordinances and the Pennsylvania Municipalities Planning Code. Said plans are on file witb Upper Allen Township. The Developer may be required to make additional submis- alone of plans to said authorities. All such plans are part of the public coa- trols Imposed by the Township Board, the developers, owners, residents and users of the project and they do not create, and are not Intended to create, any private property or contract rights in the owners and residents of the project. The plans which the Developer has submitted to the township authorities represent a plan of development which the Developer believes will provide maximum benefits to the residents, owners and the public. During the extended development program, how- ever, various factors can Intervene which may hinder the effectiveness of sueb long-range plans ¦nd which may threaten the benefits to be derived by the resi- dents, owners and the public unless such plans can be modified as prescribed by , the applicable township ordinances. Accordingly, this Declaration is not intended to nor does it grant or create any private property or contract rights undst•any . - 23 - f 800K 301 FACE :;1) I ' Of the above described plans and such-plan; continue to remain aubJect to modl- flcat1on by the proper township authorities in accordance with the procedures set forth In the ordinances of the township and tha Peoosylv@nie Municipalities Planning Code, Section S. Coordination of Finish Cradin and Lsndsca !n 0 ration , To permit the coordination of finish gredl)tg and landscaping operations and the provision of permanent and/or temporary storm drainage facilities as development work progresses from lot to lot, the Developer, at his expense, shall have the right to change, alter, modify and/or revise the finish grade and to complete landscape work of the yard within tan (10) feet of any lot line and in drainage swsles beyond esid ten (10) feet after title to a lot and the dwelling thereon has been transferred to another Owner. Section 6, Severability, • Invalidation of any one of theca covenants or restrictions by Judgment or Court Order shell in no vise affect any other provisions which shall remain in full force and effect, J ..i AUEMyIEW, INC. ATTEST; Secretary (SZAL) -C :.•s •. /12,•ryra?J,p ?x1?a enc. -TOO/ a4 Y ??4j ro, /74J",r• - 24 - ices dent 1. BOOK 301. race 313 it •I l ARTICLE I Definitions Section 1. "Association" shall mean and refer to The Allenview Home Owners Association, Incorporated, a nonprofit corporation organized and existing under the laws of the Commonwealth of Pennsylvania. Section 2. "The Properties" shall mean and refer to Allenview Planned Residential Development, Stage I, and such additions thereto as may hereafter be brought within the jurisdiction of the Association by annex- ation as provided in' Article VI, Section 2,- herein. Section 3. "Coamon properties" shall mean and refer to parks, play- grounds, swimming pools, commons, streets, fooltways, including buildings, structures, personal properties incident thereto, and any other properties owned and maintained by the Association for the coaunon benefit and enjoyment of the residents within The Properties. ARTICLE II Location Section 1. The principal office of the Association shall be located at 5001 Carlisle Pike, Mechanicsburg, Pennsylvania 17055, Cumber- land County. ' ARTICLE III Membership `Section' 1. Every person or entity i;ho is a record owner of a fe'e or undivided fee, interest in any Lot (or Living Unit) which is sub- ject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obliga- tion shall not be a member. Section 2. The rights of membership are subject to the payment of annual and special assessments levied by the Association, the obligation of which asse:s.?ents is imposed against each owner of and becomes a lien upon the property against which such asses sments,are made as provided by .Article V of the Declaration of Covenants and Restrictions to which The Properties arc subject and recorded in Miscellaneous Book Volume 226,•Page 24, Office for Recording of Deeds, Cumberland County, December 30, 1976, and which provide as follows: 1. Creation of the Lio-n and Personal Obligation of Assessments. The Developer for each Lot (and living Unit) owned by him within The properties hereby covenants and each Owner of Any Lot (or Living (twit) by acceptance of a deed therefor, whether or not it shall be no expressed in any such deed or other ronvuyance,'be der:med to* covenant and agree to pay to the Association:. (1) annual n9:F,.::::im•n1s or charges; (2) xpecial assessments for capital improve- nivnts, such assessments to be fixed, established, and collected from time to time 'as hereinafter provided. The annual' and special Ass us snnnts, together with such interest tleercon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each suc4 assessment is made. Each such assess- ment, together with such interest thereon and cost of collection cKereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at • the time when the assessment fell due. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of pro- moting the recreation, health, safety, and welfare of the resi- dents in The Properties and in particular for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Cor.-,on Properties and of the homes situated upon The Properties, including, but not limited to,. the payment of tares and insurance thereon and repair, replaee:rent, and additions thereto, and for the cost of labor, equipment, materials,'manabument, and supervision thereof. 3. , 3. Basis and Mnairu:`. of Annual Assessments. From and after Jainu- ary 1, 1979, ann:al assessments ray be"levicd, said assessments shalt be levied and applied in accOrdance with Article V, Section 3, of the r,evisvd Declaration of Cuv:nants and Restrictions recorded on the ____ clay of 19_, in Book , Page , in the Recueder of 7cc•ds Office, Cumberland Councy. r 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Associatipn may levy in any assessment year a special assess- ment, applicable to that year on?v, for the purpose of defray- ing, in whole or in part, the cost of any construction or re- construction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary.fixtures and personal property related thereto, pro- vided that an), such assessment shall have the assent of two- thirds of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall 'set forth the purpose of the meeting. 5. Change in Basis and Maximum of Annual Assessments. Subject to the limitations of Section 3 hereof, and for the periods there- in specified,. the Association may change the maximum and basis of the asses=-ants fired by Section 3 hereof prospectively for'any such period provided that any such change shall have the assent of two-thirds of the votes of each class of ?.;embers who are voting in ;;:rson or by proxy, nt a meeting duly called for tuts purpose, written notice of which shall be sent to all Members at 1•uast'thirty (30) days in advance and shall set forth the purpose 'of tha moe:ing, pruvidrd furthcr.that the linitations of Se.c:ck?ns 3 hvrcof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to partici- pate under its Articles of Incorporation and under Article II, Section 2, of the Declaration of Covenants and Restrictions. 6.' Quorum for Any Action Authorized Under Sections 4 and 5. The quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows: At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting I of Members, or of proxies, entitled to cast sixty (60) per cent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, anotifer meeting may be called, subject to the notice requirement set forth in Sections 4 and 5, and the-required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. 7. Date of Comamenccment of Annual Assessments: Due Dates. The annual assessments provided for herein shall co-aence on the date (which shall be the first day of a month) fixed by the.Board of Dirvciors of the Association to be the date of commencement. The Cirst annual assessments shall be made for the balance of the c:ltlritdar year and shall become duc and payable on the day fixed Cur cummuncement. The nsnrsr.mails rur nny yoar,'aCter the firs[ -5- year. shall become due and payable on the first day of March of said year. The amount of the annual assessment -which may be levied n'"" ''""'''fot^the balance remaining in'the first year of assessment shall be an amount which bears the same relationship to the annual-' assessment provided for in Section 3 hereof as the'remaining number of months in that year bear to twelve. The,same reduction in the amount of the assessment shall apply to the first assess- ment levied against any property which i's' hereafter added to the properties now subject to assessment at a time other than the be- ginning of any assessment period. The due date of any apecial assessment under Section 4 hereof shall be fixed in the resolution authorizing such. assessment. '8. .Duties of the Board-of Directors. The Board of Directors of ,,the Association shall fix the date of commencement and the amount :.of the assessment against each Lot (or Living Unit) for each assess- cent period of .at least thirty (30) days in advance of-such date br•period and shall, it that tine, prepare a roster of the prop-. :gertics and assessments a.pplicable'thereto which shall be 'kept In :the office of the Association and shall be.open to inspection by. ' -any Owner. Sirittcn nat.ice of the assessment shall thereupon by sent to every Owner subject thereto.' • The Association shall.. upon domand at.any t'!me furnish to any ji:flwner'linble for -said assess-;:nt a `ccrtificate in -writing signed W. i r 1 L by an officer of the Association, setting forth whether said assessment has been paid. Such. certificate shall be conclusive evidence of payment of any assessment therein,stated to have been paid. 9. Effect of Non-Payment of Assessment- The Personal Obligatidn of Owner; The Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in Section 1 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of col- lection thereof as hereinafter provided, thereupon become a con- tinuing lien on the property which'shall bind such property in the hands of the then Owner, his heirs, devisees, personal-rep- resentatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period and shall not pass to his suc- cessors in title unless expressly assumed by them.. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency 'at the sate of six (6) per cent per annum, and the Association may bring an action at law against tfie owner per- sonally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assess- ment the costs of preparing and filing the complaint in such action, and in the event a judLn%vnc•is obtained, such judgment shall include -7- .. I interest on the assessment -4s above provided and a reasonable attorney's fee to be fixed by the court together with the costs of the action. 10. Subordination of the Licn to mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have be- come due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of 'foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any,such subsequent, assessment. 11. Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein: (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (b) all Common Properties as defined in Article 1, Section 1, of the Declaration of Covenants and Restrictions; (c) all properties exempted from taxation by the laws of the Commonwealth of Pennsylvania, upon the terms and to the extent of such legal exgmption. Notwithstanding any provisions herein, no land or improve- ments devoted to dwelling use shall be. exempt from said assess- ments, charges or liens. -8- Section 3. The membership rights of any person whose interest in The Properties Is subject to assessments under Article III, Section 2, whether or not he be personally obligated to pay such assessments, may be suspended by actibnfof the Directors during the period when the assessments remain unpaid, 'but, upon payment' of such assessments, his rights and privileges shall be Auto- matically restored. If the Directors have adopted and published rules and regulations governing the use of the common properties'and facilities, and the personal conduct of any.person thereon, as provided in Article IX, Section 1, they may, in their discretion, suspend the rights of any such person for via lation of such rules and regulations for a period not to exceed thirty (30) days ARTICLE IV Voting Rights Section 1. The Association shall have two classes of voting membership: Class A. Class A members shall be all those owners as de- fined *in Article III, Section 1, of the Declaration..of Covenants and Rrstrictions, with' the exception of the Developer. ;,Class A mvinbers shall be entitled'to one vote for each.Lot:;(oc Living Unit) in which they hold the interests requfired for'meabership by said Section 1. Whon more thnn one per::on holds, sikh interest or inlrc•csts in any Lac (or Living Unit) a31'such persons shall be; members, and the vote -for such Lot (or Living Unit), shall be "rxv-N:(.ed as they among thcmrcIves 'delarminebut In 'no event shill more than one vote be cast with respect to 'a V such Lot (or Living Unit). ALLENVIEW HOMEOWNE ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. DAVID M. CHERRY and DANA L CHERRY, Defendants IN THE COUR- OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW VERIFICATION I, Betty Fitzpatrick, Property manager, being authorized to do so on behalf of Allenview Homeowners Association, Inc. -hereby verify that the statements made in the foregoing pleading are true and correct to the best"=of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S Section 4904, relating to unsworn falsification to authorities. Date: q/, glgl, ALLENVIEW HOMEOWNERS ASSOCIATION, INC. By: ri ?n L= Betty Fi patr k Property anager a• wc-?, LL, Lu•__ N LT `. n",, vz? P IN N SHERIFF'S RETURN - REGULAR CASE NO: 1999-05096 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLENVIEW HOMEOWNERS ASSOC INC VS. CHERRY DAVID M ET AL HAROLD WEARY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon CHERRY DAVID M the defendant, at 19:35 HOURS, on the 3rd day of September 1999 at 606 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DANA CHERRY (WIFE) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 7 00 Service 6.82 Affidavit .00 Surcharge 8.00 omas in 5 ri $37-.8-Z--SA DIS, SHUFF & MASLANDD 07/1999 by ??= erT-piny5 erxrr Sworn and subscribed to before me this ,) tc, day of 19c_ A.D. rrotnonoe'?Yy`??-- "a ;a `e G?, CASE NO: 1999-05096 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLENVIEW HOMEOWNERS ASSOC INC VS. CHERRY DAVID M ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon CHERRY DANA L the defendant, at 19:35 HOURS, on the 3rd day of September 1999 at 606 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 ,CUMBERLAND County, Pennsylvania, by handing to DANA CHERRY a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service .00 2 Affidavit .00 Surcharge 8.00 z R- omas aline, sneri $'r4U0-093DIS, SHUFF & MASLAND ' l 7/1999 by u y 5 e Sworn and subscribed t before me this 3 n-L day of 19' _ A.D. ?t?.. r????? ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. DAVID M. CHERRY and DANA L. CHERRY, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5096 CIVIL ACTION - LAW IMPORTANT NOTICE TO: David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU M AY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -or-1-800-990-9108 EXHIBIT "A" ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5096 V. DAVID M. CHERRY and DANA L. CHERRY, Defendants CIVIL ACTION - LAW IMPORTANT NOTICE TO: Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU M AY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -or- 1-800-990-9108 Respectfully submitted, SAIDYS, SNUFF & MASLAND Date: i ? By: , Karl . e ebohm, LEsquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff cc: Betty Fitzpatrick ROcelaedFmm: Saidis, She & Masland 2109 Market Street Camp Hill, PA 17011 . POSTAL SERVICE CERTIFICATE M OES NOI MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DT PROVIDE FOR INSUflANCE-POSTMASTER RecaWed From$aldis, Shuff & Masland --:109 Market-Street- Camp HIII. PA 17011 One P ce or ordinary mall addr aced to: Ina- le CLL? 0 ??e?wiPcJ `,L.Y'r V e- e ? z6 ro rorm 3tl11, Mar, 1 EXHIBIT "B" PS Form 3817, Mar. 1989 a ?. r I tip ' c? U ? v `U l? Q?o M ti9 ^Cl Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: 1 0 Supreme Court ID #5S 2109 Market Street Camp Hill, PA 17011 (717) 737-340'_' Attorney for Plaintiff cc: Betty Fitzpatrick ALLENVIEW HOMEOWNERS ASSOCIATION, INC., A PENNSYLVANIA NON-PROFIT CORPORATION, Plaintiff V. DAVID M. CHERRY and DANA L. CHERRY, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA : NO.99-5096 : CIVIL ACTION -LAW PRAECIPE Please enter judgment in the above-captioned proceeding in favor of Allenview Homeowners Association, Inc., Plaintiff, and against Defendants, David M. Cherry and Dana L. Cherry, in the amount of One Thousand Eight Hundred Seventy Five and 34/100 Dollars ($1,875.34), plus interest through the date of payment, including on and after the date of entry of judgment on the Complaint, and attorney's fees and costs. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants, David M. Cherry and Dana L. Cherry, to Plaintiffs Complaint within twenty (20) days of service thereof and after a I0-day Notice was sent. Respectfully submitted, Date: I v /I / I SAIDIS, SHUFF y& MASLAND //,-- /"1 /Karl M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff I hereby certify that a notice of intent to take a default judgment was forwarded to David M. Cherry and Dana L. Cherry by United States Mail, First Class, postage prepaid on November 15, 1999. The aforesaid notice was contained within an envelope bearing the return address of the undersigned. The notice has not been returned to the undersigned as undeliverable or otherwise. A copy of the notice and Postal Form 3817 is attached hereto and marked Exhibits "A" and "B", respectively. /,j Karl . Le bohm, Esquire ALLENVIEW HOMEOWNERS ASSOCIATION, INC. A PENNSYLVANIA NON-PROFIT CORPORATION Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-5096 DAVID M. CHERRY AND DANA L. CHERRY, : CIVIL ACTION - LAW Defendants NOTICE OF JUDGMENT TO: David M. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 You are hereby notified that on/Oz-?, 1999 the following judgment has been entered against you in the above captioned case: Judgment in favor of Allenview Homeowners Association, Inc., A Pennsylvania Non- Profit Corporation, Plaintiff, and against the Defendants David M. Cherry and Dana L. Cherry, in the amount of One Thousand Eight Hundred Seventy Five and 34/100 Dollars ($1,875.34) together with additional interest at the rate of six percent per annum plus attorneys' fees, expenses and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants David M. Cherry and Dana L. Cherry to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. _10- O?VLIIA e Dated: r - - Pr6ihonotary I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are: David M. Cherry Dana L. Cherry 606 Allenview Drive 606 Allenview Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 1 ALLENVIEW HOMEOWNERS ASSOCIATION, INC. A PENNSYLVANIA NON-PROFIT CORPORATION Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5096 DAVID M. CHERRY AND DANA L. CHERRY, : CIVIL ACTION - LAW Defendants NOTICE OF JUDGMENT TO: Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 You are hereby notified that on f d - l0 1999 the following judgment has been entered against you in the above captioned case: Judgment in favor of Allenview Homeowners Association, Inc., A Pennsylvania Non- Profit Corporation, Plaintiff, and against the Defendants David M. Cherry and Dana L. Cherry, in the amount of One Thousand Eight Hundred Seventy Five and 34/100 Dollars ($1,875.34) together with additional interest at the rate of six percent per annum plus attomeys' fees, expenses and costs of suit. Judgment is entered pursuant to Pa. R.C.P. 3031 for failure to file an Answer on behalf of Defendants David M. Cherry and Dana L. Cherry to Plaintiffs Complaint within twenty (20) days of service thereof and after a 10-day Notice was sent. Zn L,, Dated: -Prothonotary I hereby certify that the proper persons to receive this notice under Pa. R.C.P. 236 are: (?J David M. Cherry Dana L. Cherry 606 Allenview Drive 606 Allenview Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 is A David M. Cherry Por este medio se le esta notificando que el _ de del 1999, el/la siguiente (Orden), (Decreto), (Fallo), ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente direccion as la del defendido/a segun indicada en el certificado de residencia: David M. Cherry Dana L. Cherry 606 Allenview Drive 606 Allenview Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: L?I99 By / Kazl . Led bohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attomey for Plaintiff A Dana L. Cherry Por este medio se le esta notificando que el _ de del 1999, el/la siguiente (Orden), (Decreto), (Fallo), ha s?do anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certifico que la siguiente dueccion as la del defendido/a segun indicada en el certificado de residencia: David M. Cherry Dana L. Cherry 606 Allenview Drive 606 Allenview Drive Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Respectfully submitted, SAIDIS, SHUFF & MASLAND Date: / By: c r! 1 q Kar M. Ledebohm, Esquire Supreme Court ID #59012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 TO 3149 ALLENVIEW HOMEOWNERS ASSOCIATION, : IN THE COURT OF COMMON PLEAS INC., A PENNSYLVANIA NON-PROFIT : CUMBERLAND COUNTY, PENNSYLVANIA CORPORATION, Plaintiff WRIT NO. TERM, 1999 NO. 99-5096, TERM, 1999 V. DAVID M. CHERRY AND DANA L. CHERRY, Defendants AMOUNT DUE: $1,875.34 INTEREST FROM MAY 26, 1999 AT 6.0% TO BE ADDED ATTORNEYS' COMM.: TO BE ADDED COSTS: TO BE ADDED TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of Cumberland County, Pennsylvania; (2) against David M. Cherry and Dana L. Cherry, 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055, Defendants; (3) and against the following Garnishees: N/A (4) and index this writ (a) against David M. Cherry and Dana L. Cherry, 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055; Defendants; and (b) against N/A Gamishee(s), and levy upon any and all personal property of the Defendants as follows: Any and all personal property located at the address of the Defendants at 606 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. (5) Exemption has (not) been waived. Respectfully submitted, SAIDIS, SI UFF & MASLAND O Date: By: Karl M. Ledebohm, Esquire Supreme Court ID 459012 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 o? U ?1 - ? o cC a l- y? a ? c?6 p c6 0 _ ;: v -c? cf ?O 00 pis bo V ?9 a ov[ m v Ob O ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 99-5096 CIVIL 19 COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERr AND COUNTY: To satisfy the debt, interest and costs due ALLENVIEW HOMEOWNERS ASSOC INC A PENNSYLVANIA NON-PROFIT CORPORATION PLAINTIFF(S) from DAVID M. CHERRY AND DANA L. CHERRY DEFENDANT(S) (1) You are directed to levy upon the property of the defendant(s) and to sell ANY AND ALL PERSONAL PROPERTY LOCATED AT mraE eS r .nE DEFENDANTS AT 606 ALLENVIEW DRIVE, MECHANICSBURG, CUMBERLAND COUNTY PENNSYLVANIA 17055 (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hinvherthat he/she has been added as a garnishee and is enjoined as above stated. Amount Due_ $1,875,14 L. L. _ .5Q Interest FROM MAY 26, 1999 AT 6% Due Frothy 1 -on Atty's Comm % Other Costs Ally Paid 118.82 Plaintiff Paid Date: DECEMBER 28. 1999 REQUESTING PARTY: -CLU2TT? R I-ONG Pr thonotary, Civil Division by Deputy Name KARL M LEDEBOHM E O Address: 2109 MARKET STR T Attorney for: PLAT N'I r g? __ Telephone: 717-737-3405 Supreme Court ID No. 59012 R. Thanas Kline, Sheriff, who being duly sworn according to law, states this writ is returned ABANDONED, NO ACTION TARN IN 6 MONTHS. Sheriff's Costs: Docketing $ 18.00 Poundage 2.32 Advertising 20.00 Law Library .50 Prothonotary 1.00 Milage M.`l0 Surcharge 20.00 Levy 20.00 Post Pone Sale 15.00 116.52 Advance Costs: 150.00 Sheriff's Costs: tjR:5} Refund to Atty on 7/5/01 Sworn and Subscribed to before me this day of 2001 A.D.°°- honotary So e R. Thanas Kline' , Sheriff By u d rIWiyANM3d f 7I Ild £ 1